Chandan Kumar @ Chandan Mehta And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37995 of 2017 Arising Out of PS. Case No.-114 Year-2017 Thana- BAKHTIARPUR District- Saharsa ====================================================== 1.

Chandan Kumar @ Chandan Mehta, Son of Biseshwar Mehta. 2.

Ravi @ Ravi Shankar Mehta @ Ravi Kumar @ Ravi Shankar @ Ravi Shankar Kumar, Son of Sinheshwar Mehta @ Singheshwar Mehta.

Both Resident of Village- Dhamsaini, Police Station- Saharsa, District- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. SRI SANJAY KUMAR SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-09-2017 Heard both sides.

Both the petitioners apprehend their arrest in Bakhtiarpur P.S. Case No. 114 of 2017 registered under Section 392 of the Indian Penal Code and have prayed for grant of anticipatory bail.

The informant was relieved of his motorcycle and other belongings by few unidentified accused persons. From the impugned order, it appears that some co-accused were arrested soon after the occurrence who made disclosure statements incriminating the petitioners in the crime. Learned counsel submits that the only legal evidence is the confessional statement of co-accused. The petitioners have no criminal

Patna High Court Cr.Misc. No.37995 of 2017(3) dt.19-09-2017 2/2 antecedent.

Mr. Dayal conversely submits that the confessional statement made by co-accused has led to the recovery of the stolen articles and as such, it shall have relevance for the purpose of consideration of bail.

Considering the nature of allegation and other material reflected from the record, the Court is not inclined to grant anticipatory bail to the petitioner. Prayer is rejected. (Kishore Kumar Mandal, J) Pankaj/- U T